questions & answers
Question: I lost my job and now only get social security. Can credit cards garanshee my social security? Can These credit card companies take my cars, I have two old ones. Thank you
Answer: Here is a great article about wage garnishment. The short answer is NO, Social Security is exempt from wage garnishment, even if the creditor has a court order. There are exceptions, which include child/spousal support and federal taxes.
This is the website with the full article...
Here is another website which talks about wage garnishment rules in Arizona.
So, first the creditor needs to go to court and have a garnishment order in place and according to the Federal Law (which Arizona follows) "Of your nonexempt disposable earnings, creditors can only take the lessor of the following:
25% of your non-exempt weekly earnings, or
the amount of your non-exempt weekly earnings that exceeds 30 times the federal minimum wage."
The creditor may put liens (defined as "a right to keep possession of property belonging to another person until a debt owed by that person is discharged") on your vehicles but they could not take them (unless you defaulted on the loans for the vehicles, which would be a repossession) without some kind of court order, which doesn't sound like a court would grant such an order.
I would recommend you speak with an attorney with some understanding of consumer affairs or bankruptcy.
I lost my job and now only get social security. Can credit cards garanshee my social security? Can These credit card companies take my cars, I have two old ones. Thank you
- Let us know how we are doing! Please take a couple of minutes to fill out our survey.
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program